A.
Purpose. This article provides additional regulations for uses that
are generally considered to have a higher potential for incompatibility
with residential or low-impact commercial uses without proper mitigation
measures. The purpose of the regulations contained herein is to promote
the health, safety, and general welfare of the public, while also
protecting property values and the character of the immediate neighborhood
and Village of Hamburg community.
B.
Intent. These regulations are intended to mitigate the potentially
undesirable impacts of certain uses which, by reason of nature or
manner of operation, are or may become hazardous, obnoxious, or offensive
owing to excessive and undue increases in the production and presence
of odors, dust, smoke, fumes, noise, vibrations, refuse matter, vehicular
traffic, or human activity.
A.
The following requirements are applicable to all uses, permitted
(P) and specially permitted (SP), as noted in the use tables of Articles
20, 21, and 22 of this chapter.
B.
Specially permitted uses must obtain a special use permit and site
plan review approval in accordance with Articles 43 and 44 of this
chapter.
C.
Should the additional use regulations of this article conflict with
other requirements of this chapter, the regulations contained herein
shall take precedence.
D.
No authorization for a special use permit or building permit shall
be granted for any use listed in this section unless it is determined
that the proposed use also meets the additional regulations required
in this section.
A.
Purpose. The purpose of regulating accessory dwelling units is to:
(1)
Create new housing units while respecting the design and scale
of the Village's single-family residential development pattern;
(2)
Increase the housing stock of existing neighborhoods in a manner
that is less intense than multifamily dwelling alternatives;
(3)
Provide a broader range of affordable housing options that respond
to changing family and household needs; and
(4)
Offer a means for residents, particularly seniors, single parents,
and families with grown children, to remain in their homes and neighborhoods
while also obtaining extra income, security, companionship, and/or
services.
B.
General requirements.
(1)
An accessory dwelling unit (ADU) may be allowable as an accessory
use to a single-family dwelling. There shall be no more than one ADU
per primary use.
(2)
ADUs may be located either in the principal dwelling structure
(attached), or in an accessory structure (detached). An accessory
dwelling unit may include no more than two bedrooms.
(3)
An ADU shall be a complete, separate housekeeping unit containing
both a legal kitchen and bath and must meet NYS Uniform Building and
Fire Prevention Code requirements.
(4)
Any new separate outdoor entrance serving an accessory dwelling
unit shall be located on the side or in the rear of the building for
an accessory dwelling unit that is in or attached to the primary residential
dwelling.
(5)
Detached accessory dwelling units shall comply with all accessory
structure requirements of this chapter, including, but not limited
to, size, setback, lot coverage, and height restrictions.
(6)
Under no circumstances may a detached accessory dwelling unit
be separated from or subdivided from the parcel containing the primary
residential unit.
(7)
An accessory dwelling unit shall be designed to maintain the
architectural design, style, appearance, and character of the primary
residential unit. Any addition must be consistent with the existing
facade, roof pitch, siding and windows of the primary residential
unit.
C.
Owner-occupancy requirements.
(1)
One of the dwelling units on the lot shall be occupied by an
owner of the property as a permanent residence for at least six months
out of the calendar year.
(2)
The property owner(s) shall sign an affidavit before a notary
public affirming that the owner occupies either the principal residential
unit or the accessory dwelling unit and submit it to the CEO. Upon
sale of the property, a new owner shall be required to sign a new
affidavit and submit it to the CEO. Such affidavits shall be maintained
in the Village Office.
(3)
The individual sale of any accessory dwelling unit apart from
the principal use is strictly prohibited.
Accessory structures and uses are permitted in any zoning district
in connection with any principal use lawfully existing within such
district as noted in the use tables of Articles 20, 21, and 22. All
accessory uses and structures shall be in conformance with this section.
A.
General requirements. All accessory structures and uses shall:
(1)
Not be established or constructed until the primary use or structure
is constructed.
(2)
Be clearly incidental and subordinate to the principal structure
or use by height, area, extent, and purpose.
(3)
Not be located in any required front yard area.
(4)
Be in conformance with the height and setback restrictions of
the applicable zoning district and shall not cause the rate of overall
lot coverage to exceed the maximum rate permitted.
(5)
Be finished with materials and/or siding that is consistent
and compatible with the existing character of the principal structure
and surrounding residential neighborhood.
(6)
Maintain a separation of at least 10 feet from any dwelling
unit and at least five feet from any other accessory structure, including
any structures on an abutting lot.
(7)
Not obstruct, block, or force the enclosure of any structural
opening (windows, doors, etc.), open porch, deck, or terrace, or required
vehicular or pedestrian accessway.
B.
Residential accessory uses and structures. The following shall be
considered permissible residential accessory uses or structures for
the purposes of this chapter.
(1)
Decks, patios, or terraces.
(2)
Carports and garages. The floor area of an attached or detached
garage shall not exceed 600 square feet.
(3)
Enclosed storage structures, such as sheds.
(5)
Playgrounds or playhouses.
(6)
In-ground and above ground pools, provided such pool is at least
10 feet from any property line or dwelling unit and at least five
feet from any accessory structure as measured from the water's
edge with any concrete apron no closer than six feet to any property
line.
(7)
Noncommercial nurseries, gardens, or greenhouses.
(8)
Fire escapes or other such structures intended to maintain the
health, safety, and welfare of residents within the dwelling and the
general public.
(9)
Ramps, lifts, or other such structures intended to provide an
increased level of accessibility to the structure or use.
(10)
Personal or home electric vehicle charging stations.
(11)
Solar energy systems, provided they are located on the roof
of the structure and do not cause the structure to exceed maximum
building height requirements. Solar energy systems may be located
on the ground with special use permit approval.
(12)
Radio and television antennas.
(13)
Other uses and structures which the CEO deems appropriate by
virtue of similarity in nature, activity, and/or extent to those already
listed.
C.
Nonresidential accessory uses and structures. The following shall
be considered permissible nonresidential accessory uses or structures
for the purposes of this chapter.
(1)
Decks, patios, and terraces when associated with an approved
outdoor seating or assembly area.
(2)
Detached garages, when located behind the front building line
of the primary structure.
(3)
Enclosed storage structures, such as sheds.
(5)
Fire escapes or other such structures intended to maintain the
health, safety, and welfare of residents within the dwelling and the
general public.
(6)
Ramps, lifts, or other such structures intended to provide an
increased level of accessibility to the structure or use.
(7)
Solar energy systems, provided they are located on the roof
of the structure and do not cause the structure to exceed maximum
building height requirements. Solar energy systems may be located
on the ground with special use permit approval.
(8)
Wind energy systems, provided they are located in the rear yard
and conform to the setback and height restrictions of the district
in which it is located.
(9)
Walkup service windows facing any public right-of-way when accessory
to a permitted retail sales and service use. Pedestrian safety, access,
and connectivity shall be addressed through site plan review.
(10)
Off-street parking and loading areas, including electric vehicle
charging stations, provided all applicable parking and loading requirements
of this chapter are met.
(11)
Other uses and structures which the Planning Commission deems
appropriate by virtue of similarity in nature, activity, and/or extent
to those already listed.
(12)
There must be a minimum distance of five feet between structures,
unless otherwise required by occupancy class in NYS Uniform Fire Prevention
and Building Code.
A.
Purpose.
(1)
It is recognized that buildings and establishments operated
as adult uses have serious objectionable operational characteristics.
In order to promote the health, safety and general welfare of the
residents of the Village of Hamburg, this section is intended to restrict
adult uses to certain nonresidential areas of the Village of Hamburg
and otherwise regulate their operation and the concentration of such
uses.
(2)
It is not the intent of the Village of Hamburg by enacting this
section to deny to any person rights to speech protected by the United
States and State Constitutions, nor is it the intent of the Village
of Hamburg to impose any additional limitations or restrictions on
the contents of any communicative materials, including sexually oriented
films, videotapes, books and/or other materials. Further, by enacting
this section, the Village of Hamburg does not intend to deny or restrict
the rights of any adult to obtain and/or view any sexually oriented
materials protected by the United States and State Constitutions,
nor does it intend to restrict or deny any constitutionally protected
rights that distributors or exhibitors of such sexually oriented materials
may have.
B.
Restrictions.
(1)
Adult bookstores, adult cabarets, adult entertainment cabarets,
adult motion-picture theaters, adult motels, massage establishments,
body-rub establishments and peep shows or any other adult use governed
by these provisions shall be allowable only for properties located
in the Mixed Use District.
(2)
No more than one of the uses governed by these provisions shall
be permitted on any single lot in the Village of Hamburg.
(3)
None of the uses governed by these provisions shall be allowed:
(a)
Within 500 feet of the boundary of any residential zoning district.
(b)
Within 1,000 feet of the property line of a public or private
school, hospital, synagogue, church or other religious institution,
day-care center, youth center, park or playground, public library
or areas where minors congregate.
(c)
Within 1,000 feet of the property line of another lot containing
an adult use.
(4)
All adult uses, adult bookstores, adult cabarets, adult entertainment
cabarets, adult motion-picture theaters, massage establishments, body-
rub establishments and peep shows, shall be conducted in an enclosed
building. Regardless of location or distance, no one who is passing
by an enclosed building having a use governed by these provisions
shall be able to see any specified anatomical area or any specified
sexual activity by virtue of any act or display which depicts or shows
said area or activity. This requirement shall apply to any display,
decoration, sign, window or other opening.
(5)
A person who knowingly owns, manages, operates, conducts or
maintains any of the uses governed by these provisions in any way
which is contrary to these regulations shall be subject to prosecution.
C.
Registration required.
(1)
No person, firm, corporation or other entity shall lease, rent,
maintain, operate, use or allow to be operated or used any business
or establishment, any part of which contains an adult use, without
first complying with the provisions of this chapter.
(2)
In addition to any and all other necessary licenses and permits,
no form of adult use shall be allowed to operate or continue to operate
until a certificate of registration is filed with the Village Clerk
containing:
(a)
The name and address of the adult use.
(b)
The names, business and home addresses and business or home
phone numbers of all owners of the adult use.
(c)
The names, business and home addresses and business or home
phone numbers of all those persons having a substantial connection
with the adult use.
(d)
The date of the initiation of the adult use.
(e)
The exact nature and operation of the adult use.
(f)
The required registration fee as set by the Village Board.
(g)
If the premises or the building in which the business containing
the adult use is located is leased, a copy of the lease, name of the
tenant and name, address and telephone number of the landlord.
(h)
A copy of the site plan approval obtained for the adult use
and required by this chapter.
(3)
If there occurs any change in the information required for the
information of registration or the certification of registration,
the Village Clerk shall be notified of such change and a new or amended
certificate shall be filed within 30 days of such change.
(4)
No certificate of registration issued under this chapter shall
be transferable to any person other than the registrant, nor shall
a certificate of registration be transferable for use at any premises,
building or location other than stated in the certificate of registration.
(5)
The owner, manager or agent of any adult use shall cause a copy
of the certificate of registration issued to be prominently displayed
on the premises, building or location for which it is issued.
(6)
Any knowingly false statement or any statement which the registrant
or applicant should reasonably have known to be false, which is provided
in the certificate of registration or any document or information
supplied therewith, shall be grounds for denial, rejection, suspension
or revocation of the certificate of registration.
D.
Issuance.
(1)
Upon the completion of the investigation of an application by
the Superintendent of Public Works and the Chief of Police, the Superintendent
of Public Works and the Chief of Police shall submit a recommendation
for approval or disapproval of the application to the Village Clerk.
If approved, the Village Clerk shall issue the registration upon the
payment of the appropriate registration fee.
(2)
If the Superintendent of Public Works or the Chief of Police
recommends disapproval, that person shall indicate the reason for
the disapproval on the application or in a separate writing. The Village
Clerk shall inform the applicant of approval or disapproval. A notice
of disapproval shall state the reason therefor. Notification of disapproval
shall be by certified mail and shall be sent to the address on the
registration application, which shall be considered to be the correct
address.
E.
Terms of registration.
(1)
All registrations issued shall be classified as annual registrations
which shall be paid for on or before June 1 and shall expire on May
31 of the following year. A registrant beginning business after June
1 and before December 1 may obtain a new registration upon application
therefor and the payment of the appropriate annual registration fee,
and such registration shall expire on the following May 31. A registrant
beginning business after November 30 and before May 30 may obtain
a new registration upon application therefor and the payment of 1/2
of the appropriate annual registration fee herein required, and such
registration shall expire on the following May 31.
(2)
A registrant under this section shall be entitled to a renewal
of his or her annual registration from year to year, as a matter of
course, on or before June 1, by presenting the registration for the
previous year or satisfactory evidence of its loss or destruction
to the Village Clerk and by paying the appropriate registration fee.
F.
Denial. A new or renewal application for registration shall be denied:
(1)
When the registrant has had their registration previously suspended
or revoked or have been a partner in a partnership or an officer,
director or principal stockholder of a corporation whose registration
has been previously suspended or revoked.
(2)
When any false statement is made on the application for registration.
(3)
When the applicant, registrant, owner, or other partner associated
with the adult use has been convicted of a criminal act related to
the operation or conduct of the adult use within the last five years
immediately preceding the date of the application.
G.
Revocation. The registration shall be revoked immediately if the
applicant or partner, officer or principal stockholder of a former
or existing corporation or the corporation itself, or any person with
a substantial connection thereto, is convicted of a criminal act related
to the operation or conduct of the adult use.
H.
Amortization. Any preexisting nonconforming adult use shall terminate
not later than one year after the effective date of this chapter,
and thereafter, the space or premises or building formerly occupied
by such use shall be used only for a conforming use.
A.
Adjacent properties shall be adequately protected from noise, odors,
and unsightly appearances as determined appropriate by the Planning
Commission in site plan review.
B.
All buildings and structures, and accessory use areas, except off-street
parking areas, shall be located at least 30 feet from any property
line abutting a residential use or district.
A.
A B&B shall only be permitted in a detached residential structure.
B.
The owner and/or operator of the B&B shall live full-time on
the premises.
C.
No more than two nonresidents of the premises, who are expected to
report to the property for work, shall be engaged as an employee of
the operation.
D.
A B&B shall have a maximum of four guest rooms with no more than
two guest rooms sharing a single bath and no more than eight adult
guests at one time. For the purpose of this section, "adult" means
any person over the age of 18.
E.
Off-street parking shall be provided in accordance with this chapter
and may not be located in the front yard. The required location and
screening of said parking spaces shall be determined in site plan
review.
F.
There shall be no change in the outside appearance of the building
or premises that detracts from the residential character of the residence
or from the residential character of the neighborhood, or other visible
evidence of the conduct of such B&B other than an approved sign
in accordance with Article 35.
A.
When adjacent to residential uses or districts, such uses shall be
buffered to minimize visual and auditory impacts in a method approved
during site plan review. Such buffering may include but is not limited
to landscaping, screening, and fencing.
B.
All such uses dealing with the importation, manufacture, distribution,
or sale of alcohol shall obtain a license as required by the NYS Liquor
Authority and operate in accordance of the regulations therein. A
complete copy of any application filed with and license issued by
the NYS Liquor Authority shall be provided with any application subject
to this chapter.
C.
Bars and tasting rooms of breweries and distilleries shall include
a minimum food preparation area and menu that satisfies the NYS Liquor
Authority's minimum food requirement.
B.
General requirements.
(1)
A curbed landscaped area shall be maintained at least three
feet in depth along all street frontage space not used as driveway.
The required landscaping and screening treatments of such area shall
be determined through site plan review.
(2)
The site area traveled by vehicles shall be hard surfaced with
pervious or impervious paving material that does not release dust
or debris. The use of permeable paving material is encouraged, where
determined there is no significant negative environmental impact.
(3)
Lanes or parking areas for vehicles waiting for service shall
be provided on site and shall not occur on a public street or highway.
(4)
Outdoor storage shall be prohibited at all times. Minor repairs
and automobile maintenance services may be provided within an enclosed
structure.
(5)
Premises shall not be used for the sale, rent or display of
automobiles, trailers, mobile homes, boats or other vehicles.
A.
Day cares and nursery schools may be permitted as a home business, provided the conditions of this section and § 250-23.14 are met.
B.
No day care or nursery school shall be permitted without completion
of the proper license and/or registration requirements, where required
by NYS or Erie County Law.
C.
In a nonresidential district, all buildings, structures and areas
of organized activity, such as play areas, swimming pools, etc., shall
maintain a setback of at least 15 feet from all property lines.
D.
In a residential district, all buildings, structures and areas of
organized activity, such as play areas, swimming pools, etc., are
prohibited in the front yard. Such uses shall maintain a setback of
at least 25 feet from side and rear property lines.
E.
Outdoor floodlighting or public-address systems are prohibited.
F.
Landscaping and screening shall be provided as deemed appropriate
by the reviewing board in site plan review.
A.
No drive-through facility shall be located on a lot directly adjacent
to or across the road or street from a property used for residential
purposes.
B.
Vehicular stacking lanes, service areas, or windows shall not be
located in the front yard. All stacking and exit lanes shall be designed
so that they do not interfere with off-street parking areas or vehicular
and pedestrian circulation on the site. Such lanes shall be designed
to reduce the impacts of traffic congestion on adjacent property and
public streets.
C.
A vehicular stacking lane shall be provided on-site in a manner than
does not impede on- or off-site traffic movements. The stacking lane
shall be delineated from other internal areas through the use of pavement
markings that are identifiable during all seasons.
D.
Drive-through facilities, including any protective canopies, signage,
stacking lanes, or other associated elements, shall meet the setback
requirements for the property. Such facilities shall be screened as
determined appropriate during site plan review.
E.
Only one access drive, or two one-way access drives, shall be permitted
per street frontage.
F.
All impervious surfaces, including curbing, shall maintain a setback
of at least 10 feet from any property line. Such setback areas shall
be landscaped to the satisfaction of the reviewing board in site plan
review.
G.
The applicant may be required to submit a traffic study demonstrating
the impact of traffic generated by the proposed drive-through restaurant
as part of site plan review. No drive-through shall be permitted that
is anticipated to be a significant detriment to the community or to
the local road network. The applicant must demonstrate that the proposed
use will not alter levels of service or utilize available traffic
capacity to such an extent that it cannot be adequately mitigated
or otherwise create unsafe on-site or off-site traffic conditions.
H.
An outdoor seating area may be allowed in conjunction with a drive-through
restaurant with site plan review approval.
B.
General requirements.
(1)
Pumps, other service devices, and fuel and oil storage shall
be located at least 30 feet from all lot lines.
(2)
A curbed landscaped area shall be maintained at least three
feet in depth along all street frontage space not used as driveway.
The required landscaping and screening treatments of such area shall
be determined through site plan review.
(3)
Entrance or exit driveways shall be located at least five feet
from any side or rear property line. Such driveways shall be so laid
out as to avoid the necessity of any vehicle backing across any right-of-way.
(4)
Premises shall not be used for the sale, rent or display of
automobiles, trailers, mobile homes, boats or other vehicles.
A.
A maximum of eight residents per lot is permitted for any group home.
B.
The quantity of group home staff shall be clearly identified.
E.
No dwelling unit conversion shall be permitted unless the dwelling,
following such conversion, can comply with all off-street parking
requirements of this chapter. Landscaping and screening of off-street
parking areas shall be provided as determined necessary in site plan
review.
The purpose of the regulating home businesses is to allow home
office or small business development within homes in a residential
neighborhood, while still preserving the value and character of the
existing residential properties. Operation of a home business shall
be limited by the following:
A.
Permitted home businesses include, but shall not be limited to, a
lawyer, accountant, author, doctor, engineer, dentist, architect,
consultant, realtor, insurance agent/broker, counselor, artist, photographer,
teacher, tutor, beautician, barber, tailor, dressmaker, and repair
person. Home day cares and nursery schools may be permitted as home
businesses provided the requirements of this section and § 23.10
are also met.
B.
Prohibited home businesses include those that would generate adverse
impacts to or are incompatible with the existing character of a residential
neighborhood. These uses include, but are not limited to, ambulance
services, animal care services, and vehicle sales or repair.
C.
The home business shall be owned and operated by a full-time resident
of the dwelling and shall operate wholly within an enclosed structure.
D.
No more than two people not residing in the household may report
to work at the dwelling.
E.
A home business must be clearly incidental and secondary to the use
of the dwelling and shall be permitted to occupy no more than 30%
of the residence.
F.
The operation of a home business shall in no way change or alter
the residential appearance or character of the premises or neighborhood
in which it is located.
G.
There shall be no exterior display or storage of materials, good,
supplies, or equipment related to the operation of the home business.
H.
No home business shall be conducted in such a manner as to produce
noise, dust, vibration, glare, smoke, or smell, electrical, magnetic
or other interference, fire hazard, or any other nuisance not typically
found in a residential neighborhood.
I.
Activity involving on-site retail sales is prohibited, except the
sale of items that are clearly incidental to a permitted home business.
A.
By conversion. The conversion of an existing single- or two-family
dwelling to three or more units shall be required to comply with the
following:
(1)
All dwelling units and structures resulting from conversion
shall comply with the standards set forth in the NYS Uniform Code.
Said standards shall take precedence to this chapter should there
be a conflict.
(2)
No dwelling unit conversion shall be permitted in a structure
with less than 1,500 square feet of gross floor area. No dwelling
unit conversion shall be permitted which results in more than five
bedrooms.
(3)
Any alterations made to the exterior of the building due to
the unit conversion shall be completed in such a way to preserve the
single- or two-family residential character.
(4)
No dwelling unit conversion shall be permitted unless the dwelling,
following such conversion, can comply with all off-street parking
requirements of this chapter. Landscaping and screening of off-street
parking areas shall be provided as determined necessary in site plan
review.
(5)
Conversions of dwellings that decrease the number of units or
combine units shall be required to ensure the discontinued dwelling
unit is permanently and fully integrated into a legal dwelling unit
with unimpeded access throughout the legal unit.
B.
Built as. Built as multifamily dwellings shall be in conformance
with the following regulations and design standards:
(1)
When adjacent to an existing residential neighborhood, building
designs are required to take the form of single- or two-family dwellings
in a manner that is visually compatible with the architectural detailing
of the Village's traditional residential character.
(2)
Buildings shall not have uninterrupted or undefined continuous
wall or roof planes in excess of 50 feet. Varied roof heights, projecting
bays, gables, recesses, and porches shall be used to visually divide
larger building facades to produce a scale that is compatible with
and complimentary to adjacent residential development.
(3)
Buildings shall maintain a distance of at least 20 feet from
other structures on the lot.
(4)
Detached garages shall be located in the side or rear yard only
and shall maintain a minimum setback of 10 feet from the front building
line.
(5)
Buildings shall be laid out so that the primary entrances face
the street. Each entrance shall be connected by sidewalk to the Village's
public sidewalk system. Garage entrance or exit doors are prohibited
on the front facade of buildings.
(6)
Accessory structures, such as clubhouses, pools, pool buildings,
storage buildings, and trash enclosures, shall be located in a manner
that does not disturb or encroach upon the public realm of the site
(pedestrian walkways, roadways, etc.).
(7)
Off-street parking areas shall be located in the side or rear
yard only and shall maintain a minimum setback of 20 feet from all
property lines and 10 feet from the front building line.
(8)
Developments of 10 or more units shall provide recreational
open space at a standard of 500 square feet per dwelling unit. Each
recreation area shall be developed with both passive and active recreation
facilities, including the installation of appropriate playground or
leisure equipment. Where compliance with this requirement is infeasible
due to lot size or other physical restriction, the reviewing board
may waive or modify the minimum open space area to be provided.
(9)
Developments shall be adequately landscaped and screened as
determined in site plan review.
Outdoor assembly, seating, sales, display, and storage areas
are allowable as a nonresidential accessory use, provided all areas
are in conformance with the following additional requirements. These
standards shall not apply to any residential accessory use.
A.
General requirements.
(1)
No area shall be located within a residential district or within
any public right-of-way.
(2)
No area shall block windows, entrances, exits, pedestrian or
vehicular access, sidewalks, fire lanes, or other travel lanes, as
determined by the Code Enforcement Officer.
(3)
No area shall exceed 15% of the gross floor area of the primary
use.
B.
Assembly, seating, sales, and display area requirements.
(1)
Such areas may be allowable in the public right-of-way provided
site plan approval is obtained to ensure the health, safety, and general
welfare of the public.
(2)
All areas shall be located adjacent to the wall of the primary
structure and shall not extend more than 20 feet from said wall or
beyond any public right-of-way or property line, unless otherwise
approved through site plan review.
(3)
No area shall be used for storage purposes.
(4)
All items for sales or display shall be removed, enclosed, screened,
and/or secured during nonbusiness hours.
C.
Storage area requirements.
(1)
No area shall be permitted in any front yard or within any public
right-of-way.
(2)
All areas shall be fully screened from public view and from
adjacent residential uses or districts.
(3)
No area shall be located within 50 linear feet of the property
line of any adjacent residential use or district.
A.
The facility shall be surrounded by a fence approved in site plan
review.
B.
A landscaped area at least 15 feet wide shall be maintained in front,
rear and side yards. The landscaping treatments provided in such area
shall be determined in site plan review.
C.
There shall be no open equipment visible from surrounding property.
D.
Where practical, low-profile equipment shall be used.
A.
Permanent, enclosed bathroom facilities for the general public shall
be provided on site.
B.
No outdoor recreation or entertainment facilities shall be located
closer than 200 feet to the property line of any adjacent residential
use or district.
C.
Hours of operation shall be posted on-site. All outdoor facilities
shall be secured and closed to the public outside of operating hours.
D.
A waste management plan shall be required to ensure proper upkeep
of the site and disposal of trash, litter, animal waste, and other
refuse.
A.
Vehicular ingress and egress will be provided so as to minimize on-
and off-site traffic congestion.
B.
When adjacent to residential uses or districts, such uses shall be
buffered to minimize visual and auditory impacts in a method approved
during site plan review. Such buffering may include but is not limited
to landscaping, screening, and fencing.
C.
All such uses dealing with the importation, manufacture, distribution,
or sale of alcohol shall obtain a license as required by the NYS Liquor
Authority and operate in accordance of the regulations therein. A
complete copy of any application filed with and license issued by
the NYS Liquor Authority shall be provided with any application subject
to this chapter.
D.
Uses where the sale of food is the primary source of revenue shall
be considered restaurants. Restaurants must have a full kitchen and
menu as required by the NYS Liquor Authority when the sale of beer,
wine, and/or liquor is provided.
E.
A waste management plan shall be required to provide for proper upkeep of the site and disposal of refuse. All refuse containers shall be located in the rear yard and maintain a setback of at least five feet from all property lines. All dumpsters shall comply with § 250-34.8 of this Code.
F.
Where the provision of on-site refuse containers is infeasible, a
shared waste management agreement may be established between adjacent
uses. Under no circumstance shall any shared refuse container be located
outside of a 200-foot radius of a single use.
A.
Purpose. The Section has been adopted to ensure that placement of
temporary storage units does not negatively impact the character and
aesthetics of the Village, as well as to promote the health, safety,
and welfare of the general public.
B.
Registration.
(1)
Registration shall occur prior to the initial delivery of temporary
storage unit.
(2)
The registration form shall contain:
(a)
The name of the registrant to whom the enclosed temporary storage
unit is supplied;
(b)
The registrant's property status: owner, renter, lessee,
etc.;
(c)
The address at which the enclosed temporary storage unit will
be placed;
(d)
The delivery date and removal date;
(e)
The active building permit number, if applicable;
(f)
A sketch depicting the location and the placement of the enclosed
temporary storage unit on the lot; and
(g)
Signature of the parcel owner or other legal occupant with the
written permission of the parcel owner.
(3)
Only the property owner may register a unit. A renter, lessee,
or other legal resident may register a unit if they have the written
permission of the property owner.
C.
Placement of units.
(1)
Units shall only be placed in the driveway or, if access exists,
at the side or rear of the lot. The unit may not be placed in unpaved
front yard space.
(2)
Units shall be set back at least five feet from any lot line
and 10 feet from any structure, or as approved by the CEO.
(4)
Placement may not limit visibility of vehicles, pedestrians,
or bicyclists.
D.
Allowable number of units. Only one enclosed temporary storage unit
may be placed upon any lot at one time.
E.
Unit size. Units shall not have a footprint exceeding 250 square
feet or a height of more than eight feet.
F.
Duration. The enclosed temporary storage unit may be located at such
address for 30 consecutive days, including the days of delivery and
removal. The registration may be extended an additional 30 days upon
request to and approval by the Code Enforcement Officer. Maximum duration
shall be 60 days.
G.
Maximum number of registrations. Each lot is limited to a maximum
of two registrations per calendar year. A minimum of 15 days shall
elapse between the end of one registration and the beginning of another.
H.
Maintenance. The registrant shall be responsible for ensuring that
the enclosed temporary storage unit is maintained in good condition,
free from evidence of deterioration, weathering, discoloration, graffiti,
rust, ripping, tearing, or other holes or breaks at all times.
I.
Prohibited materials and uses. The storage of solid waste, chemical
substances, and illegal or hazardous material is prohibited.
J.
Inspection. Upon reasonable notice to the registrant, the Code Enforcement
Officer may inspect the contents of any enclosed temporary storage
unit at any reasonable time to ensure that it is not being used in
a manner prohibited by this section.
A.
Pumps, other service devices, and material storage shall be located
at least 30 feet from all lot lines.
B.
A curbed landscaped area shall be maintained at least three feet
in depth along all street frontage space not used as driveway. The
required landscaping and screening treatments of such area shall be
determined through site plan review.
C.
Entrance or exit driveways shall be located at least five feet from
any side or rear property line. Such driveways shall be so laid out
as to avoid the necessity of any vehicle backing across any right-of-way.
D.
All automobile parts and dismantled vehicles are to be stored within
a building, and no repair work or automobile maintenance is to be
performed outside a building.
E.
No automotive use area shall be used for auto wrecking or for the
storage of wrecked, partially dismantled or junked vehicles or equipment
or motor vehicles which do not qualify for New York State vehicle
registration.
